§8862 — Title 10 Armed Forces | U.S. Code

Summary

The marshal must do six duties for captured ships (prizes) and their people and goods. He must hold any people from the prize who are brought in as witnesses until prize commissioners or the court release them, keep prize property safe under a court warrant, tell the court about cargo that should be unloaded, insure the property if needed, run any court-ordered sale and collect and immediately deposit the gross proceeds with the Treasurer of the United States or the nearest public depositary as the court directs, and send the Secretary of the Navy, when asked, a full report on the prize and what was done with it.

Title 10, §8862

Armed Forces — Source: USLM XML via OLRC

The marshal shall—

(1)keep in his custody all persons found on board a prize and sent in as witnesses, until they are released by the prize commissioners or the court;

(2)keep safely in his custody all prize property under warrant from the court;

(3)report to the court any cargo or other property that he thinks should be unloaded and stored or sold;

(4)insure the prize property, if in his judgment it is in the interest of all concerned;

(5)have charge of the sale of the property, if a sale is ordered, and be responsible for the conduct of the sale in the manner required by the court, for the collection of the gross proceeds, and for their immediate deposit with the Treasurer of the United States or public depositary nearest the place of sale, subject to the order of the court in the cause; and

(6)submit to the Secretary of the Navy, at such times as the Secretary designates, a full statement of the condition of the prize and of the disposal made thereof.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 766234 U.S.C. 1139.R.S. 4623. In clause (2) the words “in his custody” are inserted to make clear the fact that the marshal has custody of the prize property. In clause (5) the words “and be responsible for” are inserted for clarity, since 34 U.S.C. 1144 provides that the sale and deposit of the proceeds shall be made by the auctioneer and his agent rather than by the marshal, although the marshal supervises them. The words “Treasurer of the United States or public depositary” are substituted for “assistant treasurer” to reflect the Act of May 29, 1920, ch. 214, 41 Stat. 654.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 7662 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

Amendments

and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

§8862 Duties of Marshal

Summary

Title 10, §8862

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata